1. Introduction
1.1 By utilizing the services provided on this Website, you are obligated to comply with the Terms and Conditions outlined in this Agreement. If you do not consent to be bound by this Agreement, you are not permitted to use or access our Service.
2. Definitions
2.1 'Account Owner' refers to the registered business entity that holds the financial responsibility for a Trade Account. They have the authority to designate the Trade Account Contact and are accountable for the usage of the Trade Account.
2.2 'Content' encompasses all the materials and information, including postings, messages, text, files, images, photos, videos, sounds, or any other materials, that you post on the Website.
2.3 "Company", "Buildela" ("us", "we", "our" and "ours") means Buildela Ltd, registered in England No. 14316939 at Buildela LTD, 124 City Road, London EC1V 2NX & Buildela FZE LLC, registered in UAE No. 4417735 at Buildela FZE LLC, Business center, Sharjah Publishing Zone Free Zone, Sharjah, United Arab Emirates.
2.4 "Customer" refers to any individual who posts or publishes a job on the Website, which is made available for tradespeople to view and express their interest in.
2.5 "Expressing interest" means contacting, quoting or messaging a Customer found via our Service.
2.6 "Job" means a project/job submitted by a Customer via our Service.
2.7 "Lead" refers to a job for which we provide tradespeople with the opportunity to express their interest in.
2.8 "Service" means any service that is provided by Buildela to you. This encompasses but is not limited to, the provision of contact details, job information, industry insights, and other products. The services can be delivered through the Website, telephone, or any other electronic means.
2.9 "Service Agreement" denotes the contractual arrangement between a tradesperson and a customer about the services to be rendered. This agreement may be formalized through verbal discussions, phone calls, text messages, email communications, or documented in written form such as a statement or contract.
2.10 "Shortlist" refers to a situation where a customer voluntarily discloses their contact information to a tradesperson via the Website, resulting in the customer receiving the tradesperson's telephone number.
2.11 “Trade Account” means an online profile associated with a Tradesperson registered on our Website.
2.12 “Trade Account Contact” refers to the individual who is specified as the primary user of the Trade Account and is responsible for its day-to-day utilization. This encompasses activities such as expressing interest in jobs and communicating with customers.
2.13 "Tradespeople" and “Tradesperson” refers to any registered business, partnership, or sole trader who joins the Website with the intention of establishing connections with customers.
2.14 "You" means anyone making use of the Buildela Services including, but not limited to, Tradespeople and Customers.
2.15 "Website" means the website http://Buildela.com (and any other domain owned and controlled by Buildela) and all the pages, Content and sub-domains contained therein.
3. Overview
3.1 http://Buildela.com operates as a marketplace that facilitates the connection between customers and skilled tradespeople. The platform aims to assist customers in finding excellent tradespeople while enabling tradespeople to secure more work opportunities. A key aspect of the platform is accountability, achieved through feedback. Tradespeople are rated on their workmanship by the customers who hire them through the platform.
4. Accuracy of Information
4.1 Although we attempt to ensure that it is correct and accurate, Buildela does not provide a guarantee regarding the accuracy of the information presented on the Website. Consequently, Buildela cannot be held responsible for any issues or losses that may arise from errors in the content.
4.2 In using the Services provided by Buildela, you acknowledge that Buildela does not function as a contractor or agent and assumes no responsibility for the work conducted by tradespeople registered on the Website. The selection of a suitable tradesperson and negotiation of terms for any undertaken work are the sole responsibilities of the customer. Buildela will not be involved in or held liable for any service agreements established between the customer and tradesperson.
4.3 All customers agree to warrant that prior to entering into a service agreement with any tradesperson, they will conduct additional verification of details such as insurance coverage confirmation, tradesperson guarantee offered on Buildela, DBS status, qualifications, and any other necessary documentation or information. This ensures that customers are comfortable employing/hiring the tradesperson's services. By using our services, you acknowledge and agree that it is solely your responsibility to ensure that tradespeople you hire possess the appropriate insurance policies and qualifications. This includes, but is not limited to, liability insurance, workers' compensation insurance, and any other relevant policies required for the specific trade or service.
4.4 Buildela does not engage as a party in any service agreement, contract, or other agreements formed between a customer and tradesperson through our service. Therefore, we cannot assume liability for any loss or damage suffered by you arising from such agreements. This provision will continue to be valid even after the termination of this agreement. By using our services, you release Buildela from any liability or claims arising from the insurance coverage or lack thereof of tradespeople you choose to hire. We are not responsible for any damages, losses, or disputes that may arise in connection with the insurance status of tradespeople. You agree to indemnify, defend, and hold Buildela harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to your use of our services, including any disputes or issues arising from tradespeople's insurance coverage.
5. Content
5.1 By using the Website, you consent to utilize it solely for lawful purposes and in a manner that does not infringe upon the rights of, restrict, or hinder the use and enjoyment of the Website by any other user.
5.2 Messages, images, videos, profiles, job descriptions, feedback and other Content must:
- 5.2.1 not include any profanities;
- 5.2.2 not include any racial slurs, sexist remarks or any other offensive language; and
- 5.2.3 not include your contact details or links to any other websites.
5.3 You bear the responsibility for all the content you post, message, or otherwise provide through our service.
5.4 You acknowledge that Buildela does not exercise control over and is not accountable for the content made available through the service. Additionally, the website and the available content may include links to other websites that are entirely independent of Buildela. Buildela does not provide any assurance or warranty regarding the accuracy, completeness, security, or authenticity of the information contained on any such external website.
5.5 You acknowledge that visiting links to other websites is done at your own risk. You agree to assess and assume all risks associated with the utilization of any linked website.
5.6 Buildela will not be held liable for any loss or damage suffered due to your use of any content posted or made available through Buildela.
5.7 You understand that Buildela does not pre-screen or approve all Content. Buildela reserves the right, at its sole discretion, to monitor, remove, or modify any content available on the Website for any reason whatsoever, although it is not obligated to do so.
6. Intellectual Property
6.1 Buildela holds all intellectual property rights pertaining to the Website, including designs, text, database, graphics, and layouts. You consent not to utilize or reproduce any portion of the Website without our explicit permission.
6.2 Tradespeople are permitted to use the Buildela logo while they are affiliated with an active Trade Account in a way that does not damage the brand or impersonate the company. However, if a Trade Account is terminated, any tradesperson associated with the terminated account must promptly remove the Buildela logo and any reference to their previous association with Buildela from all marketing and information materials associated with them within 28 days of the account's termination.
6.3 If you engage in inappropriate or illegal use of Buildela's intellectual property, your account may be terminated, and Buildela reserves all rights to pursue appropriate legal action against you.
6.4 The intellectual property rights for all content you upload to Buildela remain with the copyright owner. By uploading such content, you assume the associated risks. By doing so, you grant Buildela a worldwide, non-exclusive, fully paid-up, transferable, and irrevocable license to use, store, copy, modify, make available, and communicate the data for any purpose.
6.5 To clarify, it is understood that the rights and obligations stated in these terms and conditions will continue to remain in effect even after the termination of this Agreement.
7. Dealings with Organizations and Individuals
7.1 Your interactions, including payment, delivery of goods or services, and any other terms of agreement, with organizations and individuals discovered through the Website, are solely between you and those organizations.
7.2 You acknowledge and agree that Buildela will not be responsible or liable for any loss or damage incurred as a result of such interactions. In the event of a dispute between you and another customer, organization, or tradesperson on the website, or between you and any third party, you understand and agree that Buildela is not obligated to intervene or become involved.
7.3 If you have a dispute with one or more customers, organizations, or tradespeople, you agree to release Buildela, its officers, employees, agents, and successors from any claims, demands, and damages (actual and consequential) of any kind or nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected to such disputes and/or our service.
7.4 Payment Methods Displayed by Tradespeople: Tradespeople are required to display their accepted payment methods clearly on their public profile page.
7.5 Customer Responsibility: Customers booking a tradesperson are expected to review the payment methods listed on the tradesperson's profile and make an effort to honor these methods when making payments.
7.6 Tradesperson Obligation: Tradespeople must accept payments made through any of the payment methods they have listed as their preference on their public profile.
7.7 Agreement to Terms: By using the platform, both customers and tradespeople agree to adhere to these terms to ensure a smooth and transparent payment process.
7.8 Payment Arrangements: The arrangement of payment, including but not limited to:
- Timing of Payment (e.g., before, during, or after the job)
- Deposit Requirements
- Payment Amounts
- Payment Method
is solely the responsibility of the customer, organization, and tradesperson involved.
7.9 Buildela’s Liability: Buildela is not responsible for any disputes or issues arising from payment arrangements, including but not limited to:
- Non-payment
- Partial payment
- Disputes over payment amounts or timing
- Failure to honor the agreed payment method
- Refunds or additional charges
7.10 Customer and Tradesperson Agreement: Customers, organizations, and tradespeople must arrange and agree on all payment terms, including timing, amounts, and methods, prior to hiring. Buildela will not mediate or be held liable for any payment-related disputes.
By using the Buildela platform, all parties agree to these terms and understand that payment arrangements are independent of Buildela’s involvement.
8. Feedback
8.1 Tradespeople may receive feedback from customers if a service agreement is reached after expressing interest in a job or similar work. Tradespeople have the opportunity to respond to any negative feedback they receive.
8.2 Tradespeople acknowledge that Buildela is not liable for any feedback posted by customers or any potential harm caused by such content. The customer posting the feedback is solely responsible for the content and the accuracy/legal compliance of the feedback provided.
8.3 We conduct various checks on feedback to verify its authenticity and ensure that it is posted by genuine customers. We reserve the right to remove feedback that appears to be fraudulent or fake, although we do not make any claims or warranties regarding the accuracy or authenticity of the feedback.
8.4 You agree to indemnify, defend, and hold Buildela harmless from any claim of libel or defamation arising from content posted on the website by you or any related third party. This provision remains in effect even after the termination of this agreement.
9. Change of Account Ownership and Trade Account Contact
9.1 Changing the Account Owner or Trade Account Contact to a different person or legal entity is only allowed under specific circumstances. However, it is strictly prohibited to change the Account Owner or Trade Account Contact to an individual or organization not affiliated with the Account Owner.
9.2 If the Account Owner is a limited company or partnership and it becomes dissolved or terminated, you are required to promptly notify us by using the form provided on our Contact Us page.
9.3 All changes to the Account Owner and Trade Account Contact are subject to our sole discretion and are carried out in accordance with our internal policy, which may be modified periodically.
10. Limitations
10.1 You recognize that Buildela reserves the right to set limitations on the usage of our website, which may include, but are not restricted to, the maximum duration for which content will be stored, the maximum quantity and size of job postings, email messages, or other content that can be transmitted or stored on the website, and the frequency of accessing the website.
10.2 All customers acknowledge that Buildela cannot provide a guarantee that a Tradesperson will express interest in their job. Furthermore, in the case of a shortlist, we cannot guarantee that the Tradesperson will be available to provide a quote or complete the job.
10.3 You agree that Buildela bears no responsibility or liability for the deletion or failure to store any content maintained or transmitted through the website. You also acknowledge that Buildela reserves the right to modify or discontinue the website (or any part of it) at any time, with or without prior notice. Buildela will not be held liable to you or any third party for any modifications, suspension, or discontinuation of any services.
11. Termination of Service
11.1 You acknowledge and agree that Buildela, at its sole discretion, holds the right (but is not obligated) to deactivate your account, block your email address, or terminate or limit your access to or usage of our website. This action may be taken immediately and without prior notice, for any reason, including if Buildela determines that your actions are inconsistent with the principles outlined in this agreement.
11.2 You agree that Buildela is not liable to you or any third party for any termination or restriction of your access to the website.
11.3 You agree to refrain from attempting to use the website after your account has been terminated.
12. Buildela Trade Member Guarantee
12.1 Definition
The Buildela Trade Member Guarantee ('the Guarantee') is a commitment made by trade members on our platform to provide quality services to their customers. Each trade member has the discretion to select a guarantee term between 1 and 12 months, reflecting their confidence in their services. This chosen guarantee term is publicly displayed on the trade member's profile page, allowing customers to review and consider this information before making a hiring decision. Trade members agree to return to a job site and resolve any issues related to their workmanship that arise within the agreed guarantee period.
12.2 Limitation of Liability
Buildela operates solely as a platform to facilitate connections between homeowners and trade members. While we encourage trade members to uphold the Guarantee, we are not responsible for any trade member's failure to do so. Any disputes or issues arising from the Guarantee are strictly between the trade member and the customer. Buildela shall not be held liable for any losses, damages, disputes, injuries, or fatalities resulting from hiring a tradesperson via our platform or accepting a job offer through our site. This includes, but is not limited to, the failure of a tradesperson to honor the Guarantee or any attempts by a customer to enforce the Guarantee.
12.3 What's Included in the Guarantee
The Guarantee covers:
- Workmanship-related issues arising directly from the services provided by the trade member.
- The trade member's commitment to return to the job site and rectify any issues within the agreed guarantee period.
This encompasses a wide range of potential issues across various trades, ensuring the trade member stands by their work and provides the quality service expected by our platform's users.
12.4 What's Not Included in the Guarantee
The Guarantee does not cover:
- Wear and tear or damage caused by factors beyond the trade member's control.
- Issues arising from materials or products supplied by the customer or third parties.
- Additional work requested by the customer that falls outside the scope of the original agreement.
- Damage or issues resulting from neglect, misuse, or improper maintenance by the customer after service completion.
- Pre-existing conditions or faults unrelated to the work carried out by the trade member.
- Any work performed by the trade member outside the agreed scope of services or beyond the stipulated guarantee period.
This list is not exhaustive and is intended to provide a general overview of exclusions. For more detailed information, please refer to the Guarantee section in our terms and conditions.
12.5 How to Contact the Trade Member Regarding the Guarantee
Should you encounter any issues or have concerns related to the trade member's workmanship within the guarantee period, please follow these steps:
- a. Log in to your Buildela account.
- b. Navigate to the job details page where the work was completed.
- c. Use our inbuilt messaging system to contact the trade member directly.
- d. Discuss the issue with the trade member and arrange for them to return and resolve the issue in line with the Guarantee.
You can find the specific guarantee term and expiry date for your job on the job details page. If you face any challenges or difficulties in reaching a resolution with the trade member, please do not hesitate to contact our customer support team for further assistance.
12.6 Changes to the Guarantee
Buildela reserves the right to update or modify the terms of the Guarantee at any time without prior notice. Any changes will be posted on this page, and your continued use of our platform signifies your acceptance of the updated Guarantee terms.
12.7 Contact Us
If you have any questions or concerns regarding the Buildela Trade Member Guarantee, please contact us at:
Email: [email protected]
13. Advertising Terms and Conditions
13.1 Independent Advertisers: Buildela provides designated spaces on its website and app for third-party companies to advertise their products, services, or businesses. These advertisers are independent entities and are not affiliated with Buildela.
13.2 Disclaimer of Liability: Buildela is not responsible for the actions, products, services, or business practices of any advertisers on our platform. Clicking on an advertisement or engaging with an advertiser is solely at the user’s discretion.
13.3 User Responsibility: Users are responsible for conducting their own due diligence when interacting with any advertiser, including but not limited to:
- Verifying the authenticity of the advertiser or their offerings.
- Reviewing the terms, conditions, and policies of the advertiser.
- Ensuring secure transactions.
13.4 No Endorsement: Buildela does not endorse or guarantee the accuracy, reliability, or quality of any advertisement, advertiser, or the products and services they promote.
13.5 Third-Party Links: Advertisements may include links to external websites or platforms. Buildela does not control these external sites and is not responsible for their content, security, or practices. Users access such links at their own risk.
13.6 No Liability for Transactions: Buildela will not be held liable for any disputes, losses, damages, or issues arising from dealings with advertisers or through links accessed via Buildela’s website or app, including but not limited to:
- Fraud or misrepresentation.
- Non-delivery of products or services.
- Financial or legal disputes.
- Data breaches or security issues.
13.7 Reporting Concerns: If users encounter suspicious or fraudulent activity involving an advertiser, they are encouraged to report the issue to Buildela. However, Buildela's involvement will be limited to reviewing the reported advertisement and taking necessary action to ensure compliance with platform policies.
By using the Buildela platform, users acknowledge that advertisements are provided by independent third parties and agree that Buildela is not responsible for any outcomes resulting from engagement with advertisers.
14. Changes
14.1 We retain the right to modify or update this Agreement periodically. As a user of the website, it is your responsibility to be aware of any changes to this Agreement. Failure to do so may result in restrictions on your access to our website.
15. Governing Law & Jurisdiction
15.1 This Agreement will be governed by and interpreted in accordance with the laws of the country in which you, as the user, are located. Any disputes arising from this Agreement will be subject to the exclusive jurisdiction of the courts of that country. In the event that any provisions of this Agreement are deemed illegal or unenforceable, such provisions will be removed, and the remaining parts of this Agreement will remain valid and enforceable, unless the essential purpose of this Agreement is significantly affected.
15.2 If any provisions of this Agreement are deemed illegal or unenforceable, those provisions will be separated and the rest of the Agreement will continue to be fully effective, unless the essential purpose of the Agreement is significantly compromised.